Wednesday, October 31, 2012

FBI: Someone is Arrested for Pot every 42 Seconds

By the time you finish read this post, about four people would have been arrested for a marijuana-related crime. A study from the FBI found someone is arrested every 42 seconds for crimes related to cannabis.

Most of those arrests, or about 87 percent, are for possession Examiner.com reports. Law Enforcement Against Prohibition, a pro-legalization group made up of former law enforcement officers, are using the study as proof that the decades-long war against drugs is a quagmire. They claim there were about 1.5 million drug arrests in 2011, or one arrest every 21 seconds.

Neill Franklin, a former narcotics officer and the current head of LEAP said, "Even excluding the costs involved for later trying and then imprisoning these people, taxpayers are spending between one and a half to three billion dollars a year just on the police and court time involved in making these arrests.

"That’s a lot of money to spend for a practice that four decades of unsuccessful policies have proved does nothing to reduce the consumption of drugs. Three states have measures on the ballot that would take the first step in ending this failed war by legalizing, regulating and taxing marijuana. I hope they take this opportunity to guide the nation to a more sensible approach to drug use.

Tuesday, October 30, 2012

The Marijuana Majority

Conor Friedersdorf, a writer for The Atlantic, penned an article about the growing acceptance of marijuana and the growing call for reforming drug laws that are falling on the deaf ears of politicians

Citing the legalization referendums in Washington state, Colorado and Oregon as well as two additional states voting on allowing medical cannabis, the article ("The End of Laughing at Marijuana Reformers") also notes that according to a Gallup poll a majority of Americans support legalization for the first time.

Most telling of all are supports who come from literally every political stripe and background. Comedian and Daily Show host Jon Stewart, actors Morgan Freeman and David Duchovny are on board for legalization, but so are ultraconservative pundits Glenn Beck and Bill O'Rielly, televangelist Pat Robertson and David Koch, the money man behind many Republican candidates.

Though the political process is accepted to be slow when it comes to change, there continues to be no movement in at least acknowledging marijuana reform — even with all the support it has from liberals and conservatives. The article poses a puzzling question in that while Bill Clinton admitted to smoking but not inhaling, and Barak Obama admits to smoking and inhaling, both have so far continued the "war on drugs."

Sunday, October 28, 2012

I-502 Assumes Tokers will Consume '2 Grams Per Use' (Head Scratch), Has Ramifications for Revenue Projections

Washington state NPR affiliate KPLU took note of a sharp-eyed observation from a Reddit user that the consumption assumption in the Washington Voter's Guide for Initiative 502, which would legalize pot, pegs it at two grams per use.

To put that in perspective, the user commented that the amount I-502 is assuming per smoking session would amount to "Cheech and Chong sized monster joints."

However, casual users report smoking about a quarter to half a gram per session in a pipe with joints coming in at about .7 grams. Though some users claim to use as much as 1.5 grams per session, they added it was rare and they were not functional.

Individuals using two grams a day would probably be serious medical users with grave health conditions, the article noted.

The overestimation of use has a serious impact on the revenue projections of I-502. The assumption of two grams per use versus the reality of most users reporting a quarter to an eighth of that assumption means the actual taxes the initiative will bring in (if it's voted into law) will be much less than expected.

Friday, October 26, 2012

California Appeals Court OKs Medical Marijuana Defense for Dispensaries, Rules Members do Not Need to Grow Marijuana

Americans for Safe Access (through the SF Weekly) announced that the Fourth District Court of Appeal for California unanimously affirmed medical marijuana as a legal defense for dispensaries and reversed the conviction of San Diego dispensary operator Jovan Jackson.

Jackson's dispensary was raised twice; once in 2008 and another in 2009. He was acquitted the first time around, but Howard Shore, the San Diego Superior Court Judge for the second case, called medical marijuana "dope" and described the proposition that legalized medical pot "a scam." Jackson was found guilty and spent 180 days in jail.

The appellate ruling overturned the conviction. It also allows future medical marijuana operators to use medical marijuana as a valid legal defense. More importantly, the court decided that members of the dispensary or collective did not need to have an active role in the growing the plants.

"...the collective or cooperative association required by the act need not include active participation by all members in the cultivation process but may be limited to financial support by way of marijuana purchases from the organization," the court stated. "Thus, contrary to the trial court’s ruling, the large membership of Jackson’s collective, very few of whom participated in the actual cultivation process, did not, as a matter of law, prevent Jackson from presenting an MMPA defense."

Feds Raid 9 Dispensaries in Los Angeles, Orange County, Arrest 12

The Associated Press reports that federal law enforcement officials raided nine medical marijuana dispensaries in Orange County and Los Angeles County on Oct. 25. They also took 12 employees of the dispensaries into custody.

The 12 individuals were part of an grand jury indictment for drug trafficking. The storefronts supposedly generated "tens of millions of dollars in income," according to the article, and were not reporting it to the IRS.

Despite a voter-approved mandate that allows medical marijuana in California, the U.S. Attorneys do not recognize its legitimacy. Though the Los Angeles City Council tried, and failed, to pass a ban on the dispensaries, the federal government has initiated a crackdown on the Southern California area — despite the support of the law.

Thursday, October 25, 2012

Shortcomings of Washington's I-502 in the National Spotlight

NPR's All Things Considered profiled the three states considering marijuana legalization, and put the unique problems of Washington's Initiative 502 in the national spotlight.

While the criticisms of the I-502 are well known to marijuana advocates on both sides of the intuitive in the states, it's one of the few times that its strange politics have been brought to a national audience.

On one side, Alison Holcomb, a criminal defense attorney and pro-I-502 organizer, is quoted as saying, "We've reached a place in our society, nationwide, where now a majority support marijuana legalization."

However it's the dissenting voices, particularly in the medical marijuana community, that may be a surprise to those outside of the state and those who aren't acquainted with the initiative. Steve Sarich, a dispensary owner, brings up the biggest sticking point of those who are against I-502 — the low THC threshold that would make almost all medical marijuana users guilty of driving under the influence, even when they're not.

Sarich is sure the push for legalization is an attempt by law enforcement to intimidate medical marijuana users with the THC threshold.

 "All they have to do is sit a half a block down the street and wait for me to pull away from the curb, and I'm going to jail for [a DUI]," he said.

Monday, October 22, 2012

Romney Takes Stand on Medical and Legalized Marijuana — And, Surprise, He Doesn't Support Either

While no one expects Mitt Romney to endorse marijuana in any form — be it for medical use or outright legalization — it's rare that a candidate will ever take a stand as clearly as he did on marijuana.

When a reporter for a CBS affiliate in Colorado pressed Romey for an answer about medical marijuana (she also asked about gay marriage and college tuition for children of illegal immigrants) he made it known he wanted to change the subject, but not before belittling the question.

“Aren’t there issues of significance you’d like to talk about," Reason.com reported the Republican candidate as saying. "The economy, the growth of jobs, the need to put people back to work, the challenges of Iran? We’ve got enormous issues that we face. But go ahead, you want to talk about medical marijuana?"

The answer Romney ultimately gave with regards to medical marijuana was this: "I think medical marijuana should not be legal in this country. I believe it's a gateway drug to other drug violations. The use of illegal drugs in this country is leading to terrible consequences in places like Mexico, and actually in our own country. I oppose legalization of marijuana. I oppose legalizations of other kinds of drugs."

Romney's absolutist "Just Say No" stance is curious, however, because Colorado is a battleground state. Polls have found that Libertarian presidential candidate Gary Johnson could potentially spoil the state for Romney because of his pro-marijuana platform.

See the interview here.

Wednesday, October 17, 2012

Police Chief Returns Stolen Medical Marijuana to Grower

When Thomas Davis, a Maine medical marijuana grower, discovered that his plants were stolen he made frantic calls to state representatives, the governor, the district attorney and the police. It's not that Davis was looking for someone to investigate the crime — he was looking for someone who could return the plants.

Davis reported the plants as being stolen. Police then questioned Aaron Pert, who admitted stealing the pot and recovered the plants in and held onto it for two days. The police weren't sure if they had the jurisdiction to release the marijuana back to Davis because of concerns over federal law.

However, Ellsworth Police Chief John DeLeo made the call to return the plants. The Bangor Daily News reports DeLeo felt the marijuana was legally Davis' as far as he was concerned. However, keeping the pot outside of Davis' greenhouse rendered 85 percent of it unusable.

But he did see one positive outcome of the burglary — cooperation between medical growers and police.

David said: "It’s not the Wild West out here. I feel like most of what I’m salvaging is a chance to get this out to the public, to let people know they can’t target medical marijuana patients and growers. The police will protect us."

Thursday, October 11, 2012

L.A. Councilman Who Made the Case for Medical Pot Not Seeing Reelection

Bill Rosendahl, the Los Angeles councilman whose passionate testimony in support of medical marijuana was instrumental in overturning the city's wholesale dispensary ban, will not be seeking reelection for his seat.

Rosendahl, whose West L.A. district includes Westchester to Pacific Palisades, made the announcement and that his reason was to concentrate on his cancer treatment. The support he gave to the cause of medical marijuana wasn't the first time Rosendahl was in the political spotlight for his progressive views. As the first openly gay man elected to the L.A. city council, he is a champion of gay rights issues.

Prior to his career in politics, Rosendahl was a talk show host and producer. He is determined to beat his disease, and told the L.A. Times that he would like to return to TV or radio if his health improves.

Tuesday, October 9, 2012

Dispensary Owner, Law Enforcer Agree that I-502 if Flawed, but for Different Reasons

The Herald profiled battle lines being drawn over Washington state's I-502 ballot initiative and the strange alliances being formed on both sides. Groups that found themselves on opposite ends of marijuana prohibition are finding that they have common goals, albeit for different reasons.

Jeremy Kelsey, who runs the Medical Marijuana Patients Network and whose shop won the gold cup in a recent High Times expo, voiced his skepticism at decriminalizing marijuana in the state before it's reclassified at the federal level. And he also is concerned that if the Washington initiative passes, the feds will continue to conduct raids against storefronts — any storefronts — that sell pot.

Kelsey's opposition to I-502 is joined by Pat Slack, commander of the Snohomish Regional Drug Task Force. His reasons for opposing the measure are because it enforcement of the law isn't spelled out for law enforcement officers like himself. Although anyone over the age of 21 would be allowed to possess marijuana, anyone younger would be arrested and tried under existing state laws regarding the drug.

"Who's most negatively impacted by being arrested for possession? Our youth. It impacts their ability to get jobs and get college funding. Initiative 502 doesn't do anything for them — nothing," he told the newspaper.

Wednesday, October 3, 2012

Pro-Access Groups, Patients and Unions Worked to Overturn L.A. Dispensary Ban

The Los Angeles Times reports that yesterday's repeal of the city council's dispensary ban demonstrates the growing clout of pro-pot organizers, unions and patients in the face of the anti-marijuana sentiment of the city's powers that be.

Rather than put the repeal of the ban on the upcoming ballot, the city council voted, 11 to 2, to get rid of the law entirely. (The issue will be voted on again at the next week because the measure did not pass unanimously.)

 The so-called "gentle ban" would have closed all dispensaries and only allow patients to grow their own marijuana, despite the protests and testimony of patients and patient groups that it's not practical for many of them to grow their own pot.

Testimony given by Bill Rosendahl, a councilman and medical marijuana user, also shifted support to repealing the ban.

"Where does anybody go, even a councilman go, to get his medical marijuana?" Rosendahl asked his colleagues.

Despite the support for the repeal, Councilmen Jose Huizar and Mitchell Englander voiced plans to move forward against the dispensaries. Englander, according to Patch.com introduced a motion of enforcement against the storefronts and Huizar commented that the recent federal raids on Los Angeles dispensaries were "our relief."

Monday, October 1, 2012

Medical Marijuana Laws Change the Emerald Triangle — Not for the Better, Some Say

The growing acceptance of medical marijuana may have an unintended consequence — squeezing out the small scale, outdoor growers of California's famed Mendocino and Humboldt counties.

The pot grown in the area, prized by connoisseurs of cannabis, brings in less cash each year. The farmers in the area, who take pride in the organic way they grow their crops, blame the fall in price to large-scale indoor grow operations that supply the dispensaries, the Los Angeles Times reports.

"It used to be a contest to see who could drive the oldest pickup truck. There's just been this huge influx of folks who have money on their mind, instead of love of the land. A lot more gun-toters. A lot more attack dogs," one grower says.

The old timers, who funded schools, roads and fire stations in their remote towns, complain that the newcomers aren't interested in investing in their communities. But the irony doesn't end there. In many cases, parents are discovering that their children are behind some of the large pot grow houses.

Though they've pushed for legalization and the medical use of pot, the growers are discovering that now that they're on the verge of achieving what they've always wanted, it may put them out of business. Some of them suspect California's medical marijuana law was a ruse by Bay Area pot activists to monopolize the market with large scale growers in Oakland.

"Ultimately we worry about Winston or Marlboro getting some land and doing their thing. We see it time after time in America — big corporations come in and take over," another grower worried.

Sunday, September 30, 2012

Stop Federal Raids, Los Angeles Times Opines

The Los Angeles Times is siding with advocates of medical marijuana and is calling on U.S. Attorney General Eric Holder to stop the current federal crackdown on dispensaries in the city.

The newspaper also points a finger at the lack of legal guidance from Sacramento. The murky legal climate in Los Angeles surrounding dispensaries, with the city council attempting to ban all facilities in the city and the subsequent petition to keep them open, is a direct result of that absence of leadership. The state legislature and the state's attorney general, Kamala Harris, have failed to put in place regulations for the cities to follow.

While the L.A. Times recognizes that federal law enforcement agencies are under no obligation to follow state or city laws — and they've demonstrated that they consider medical pot to be illegal, despite the will of the states — the situation in the state's capital isn't helping either.

"...the raids are likely to drive away businesspeople who want to run clean, safe storefronts serving sick people, sending the trade further underground and into the hands of a more criminal element," the paper's editorial board wrote. "That's why we urge Holder to rein in the four California U.S. attorneys spearheading the aggressive new stance, at least until we have some clarity on what's allowable and what isn't."

Friday, September 28, 2012

States Flirting with Legalization May See Drug Enforcement as More Trouble than its Worth

In a post on opposingviews.com authored by the Libertarian-leaning Reason.org, the trend of Western states to legalize marijuana is compared to movements during prohibition to withdraw enforcement of the Volstead Act.

The upcoming legalization votes in Washington, Oregon and Colorado may force Democrats and Republicans alike to reconsider their stance on national drug policy. "If any of these ballot initiatives pass," the group writes, "it might be the most consequential election result this fall, forcing both major parties to confront an unjust, irrational policy that Americans increasingly oppose."

Though Oregon's measure is trending to maintain marijuana prohibition, the ballot initiatives in Washington and Colorado are looking hopeful for advocates of legalization. However, similar support was reported by polls in California's bid for legalization in 2010, but it fizzled and pot remained illegal.

The motivation for what may be the beginning of the end of the war on drugs? The realization that the constant costs of enforcement outweigh the benefits — if any — to society.

"That does not mean all these people are current marijuana consumers, eager for the lower prices, convenience, quality, and variety promised by a legal market," the group states. "But they, along with their friends and relatives, have had enough direct and indirect experience with cannabis to decide that prohibition costs more than it's worth."

Wednesday, September 26, 2012

Court Decision Advance Medical Marijuana in Michigan, But Montana Denies Right to Pot as Medicine

If you think confusing medical marijuana laws are just for California, think again. One case in Michigan is a step forward for medical marijuana and another in Montana is a step back.

Courts in Michigan have decided that there is a "bona fide" relationship between patients and the doctors who prescribed them the medical marijuana. In this case, the issue at hand was Robert Ward's arrest following the discovery of 23 marijuana plants in a secured area. The prosecution questioned the doctor/patient relationship between Ward and Dr. Robert Townsend, the physician who signed off on his card.

The Weed Blog reports the court found in favor of Ward because Townsend kept detailed records of his patients, that he actually met his patients (and was not a "hotel or Internet doctor," and that the as-needed directions for the use of the pot was not an issue.

However, the Montana Supreme Court — usually known for upholding individual rights — ruled that there is no right medical marijuana. The decision puts new restrictions on dispensaries, such as them to three patients and prohibiting the storefronts from making a profit. This ruling was delivered despite a lower court blocking the new rules.

An attempt was made by the state's legislature to ban medical marijuana, despite the will of the voters who approved the measure and a veto by Gov. Brian Schweitzer. American Medical News reports that the Montana Marijuana Act, which outlined the new restrictions for storefronts, was then approved by the state's legislature.

Monday, September 24, 2012

Los Angeles DA Hopefuls Want to Continue Dispensary Shutdown

If you didn't need any more confirmation of the anti-medical marijuana climate in the nation's second largest city, the most recent debate between the two candidates duking it out for the position of Los Angeles District Attorney, Chief Deputy District Attorney Jackie Lacey and Deputy District Attorney Alan Jackson, should confirm any lingering doubts.

Despite being a non-partisan race, the Democratic party endorsed Lacey; the Republicans are backing Jackson. They different on their opinion of a proposition that only a serious or violent crime would trigger a mandatory 25 sentence for someone with a "third strike" (Lacey supports it and Jackson opposes it). Lacey supports driver's licenses for illegal immigrants, while Jackson is against it (on the grounds it will encourage Mexican drug cartel activity).

However the one issue they agreed on? Continuing the prosecution of medical marijuana dispensaries, according to radio station KPCC.

Lacey: "It's my position that over-the-counter sales for money of marijuana are illegal."

Jackson: "Those folks are simple drug dealers."

Dispensaries Selling to Patients OK in Washington, Seattle Politicians Say, Feds Have it Wrong

The recent federal crackdown on Seattle's dispensaries has, predictably, caused the city's pro-cannabis forces to demand the DEA and US Attorney's office to leave the storefronts alone. But another, unexpected voice has been drawn into the debate — lawmakers.

Despite the justification that the only dispensaries that are near schools will be affected, State Representative Roger Goodman of Kirkland told National Public Radio Affiliate KPLU that the federal government is overreaching.

“Our message to the federal government is, get off our backs. We’re doing it right. The federal policy for the last 40 years has been the most corrosive, disastrous bipartisan failure in social policy and health policy. And the states are getting it right," he said.

Goodman isn't a lone voice in his dissent against the status quo of drug policy and dogma. Seattle city council member Nick Licata went on record saying that even if the dispensaries are selling medical marijuana near schools, it's not a violation of state law. Illegal sales of marijuana near schools are prohibited, but sales to patients at dispensaries are approved.

The US Attorney's office did not comment to KPLU, only saying that marijuana sales were illegal under federal law.

Sunday, September 23, 2012

Facing Legalization in Washington, Oregon and Colorado, Anti-Pot Groups Think of the Children

Anti-marijuana groups, coming to terms with the real possibility of legalization in Washington state, Oregon and Colorado, have broken out the "won't someone think of the children?!" argument, Reuters reports.

Identifying their core constituents as soccer moms, the groups hold grassroots meetings in private suburban homes. There, anti-drug crusaders testify as to the evils of allowing even one marijuana plant to grow out of fear of possible corruption of their innocent offspring.

In the case of Colorado Republican State Representative Kathleen Conti, she talks about marijuana being the gateway drug and her son turning to heroin (never mind about social and parental factors or research pointing to alcohol as a gateway drug).

The groups are active in the states that will be voting on legalizing pot. The Colorado group raised the most money out of the other groups with nearly $200,000 in its warchest.

Pro-pot groups, such as the Campaign to Regulate Marijuana Like Alcohol, argues against the prohibitionist rhetoric of anti-marijuana groups. Its co-director, Mason Tvert, co-director of the group, points to a Centers for Disease Control study that found that teen pot smoking went down after pot was legalized for medical use in Colorado.

Thursday, September 20, 2012

Medical Marijuana Could Cost Obama the Election, Executive Director for American for Safe Access Argues

Steph Sherer, executive director for pro-medical marijuana organization Americans for Safe Access, argues in The Huffington Post that allowing cannabis to those with a medical need could be a defining issue of the presidential election.

Despite Obama's generally progressive policies, she argues, the president has taken a hardline against states that have approved of the use of marijuana as a medicine and the dispensaries that allow access to patients. "Things would be different," she writes, "if the President would apply his campaign slogan, 'Forward,' to our cause: stopping the raids and prosecutions of state-permitted institutions, and moving public health policy forward by ending the conflict between state and federal law."

With Republican candidate Mitt Romey and President Obama in a virtual tie in many polls, Sherer points to the seven percent showing Libertarian candidate Gary Johnson is pulling in the swing state of Colorado. That seven percent may prevent Obama from taking its electoral votes.

There's little downside, Sherer adds. Most adult support medical marijuana (a whopping 80 percent) and another 76 percent do not support the raids against dispensaries.

"With the public on our side, why should patients and our loved ones be silent?" She states.

Wednesday, September 19, 2012

Reason.TV Examines the Unraveling of L.A.'s Latest Attempt to Ban Medical Pot, and its Backlash

Libertarian-leaning Reason.TV posted an online video story about the ban on medical marijuana in Los Angeles and the subsequent public outcry and petition to restore access to patients.

More than 50,000 residents of the city signed a petition to end the ban, effectively ending it before it had a chance to go into effect on Sept. 6.

Don Duncan, the California director of pro-access organization Americans for Safe Access chalks up the action as huge win for patients and those who support the rights of patients to have access to medical marijuana.

"We're letting the city council know that they can't just come in and trump the will of the people, and that when they do things that are very unpopular, the people can stand up and say stop," he told Reason.TV.

Duncan added that the petition may only the be the beginning, as L.A.'s City Attorney and law enforcement officials are determined to define medical cannabis as illegal.